Australian Capital Territory

Confiscation of Criminal Assets Regulations 2003
Subordinate Law SL2003-25

The Australian Capital Territory Executive makes the following regulations under the Confiscation of Criminal Assets Act 2003.
Dated 14 August 2003.
Simon Corbell
Minister
Jon Stanhope
Minister

Australian Capital Territory

Confiscation of Criminal Assets Regulations 2003
Subordinate Law SL2003-25
made under the
Confiscation of Criminal Assets Act 2003

    
Contents
	Page
Part 1	Preliminary
	1	Name of regulations	1
	2	Commencement	1
	3	Notes	1
Part 2	Corresponding laws and orders
	4	Corresponding laws—Act, dict, def corresponding law	2
	5	Corresponding law orders—Act, dict, def interstate restraining order	2
	6	Corresponding law orders—Act, dict, def interstate automatic forfeiture decision	3
	7	Corresponding law orders—Act, dict, def interstate civil forfeiture order	4
	8	Corresponding law orders—Act, dict, def interstate conviction forfeiture order	5
	9	Corresponding law orders—Act, dict, def interstate penalty order	6
Part 3	Miscellaneous
	10	Police officer to give DPP notice of proposal to restrain property	7
	11	Other narcotic substances—Act, s 90, def narcotic substance	7
	12	Confiscated assets trust fund—public trustee’s annual management fee—Act, s 132 (1) (d)	7
Schedule 1	Other narcotic substances	8

Part 1	Preliminary
1	Name of regulations
These regulations are the Confiscation of Criminal Assets Regulations 2003.
2	Commencement
These regulations commence on the commencement of the Confiscation of Criminal Assets Act 2003, section 3.
Note 	The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
3	Notes
A note included in these regulations is explanatory and is not part of these regulations.
Note	See Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

Part 2	Corresponding laws and orders
4	Corresponding laws—Act, dict, def corresponding law
The following laws are declared to be corresponding laws:
	(a)	Confiscation of Proceeds of Crime Act 1989 (NSW);
	(b)	Criminal Assets Recovery Act 1990 (NSW);
	(c)	Confiscation Act 1997 (Vic);
	(d)	Criminal Proceeds Confiscation Act 2002 (Qld);
	(e)	Criminal Property Confiscation Act 2000 (WA);
	(f)	Criminal Assets Confiscation Act 1996 (SA);
	(g)	Crime (Confiscation of Profits) Act 1993 (Tas);
	(h)	Criminal Property Forfeiture Act 2002 (NT).
5	Corresponding law orders—Act, dict, def interstate restraining order
	(1)	Corresponding law orders under the following provisions are prescribed:
	(a)	Confiscation of Proceeds of Crime Act 1989 (NSW), section 43;
	(b)	Criminal Assets Recovery Act 1990 (NSW), section 10;
	(c)	Confiscation Act 1997 (Vic), section 18;
	(d)	Criminal Proceeds Confiscation Act 2002 (Qld), sections 31, 122 and 208 (6);
	(e)	Criminal Property Confiscation Act 2000 (WA), sections 34 and 43;
	(f)	Criminal Assets Confiscation Act 1996 (SA), section 15;
	(g)	Crime (Confiscation of Profits) Act 1993 (Tas), section 26;
	(h)	Criminal Property Forfeiture Act 2002 (NT), sections 40, 43 and 44.
	(2)	The following corresponding law orders are also prescribed:
	(a)	an order consenting to the making of an order prescribed under subregulation (1);
	(b)	an order varying an order prescribed under subregulation (1); 
	(c)	an order varying the property to which an order prescribed under subregulation (1) relates.
6	Corresponding law orders—Act, dict, def interstate automatic forfeiture decision
	(1)	Corresponding law orders under the following provisions are prescribed:
	(a)	Criminal Proceeds Confiscation Act 2002 (Qld), section 163;
	(b)	Confiscation Act 1997 (Vic), section 35;
	(c)	Criminal Property Confiscation Act 2000 (WA), sections 7 and 8;
	(d)	Criminal Property Forfeiture Act 2002 (NT), section 94.
	(2)	The following corresponding law orders are also prescribed:
	(a)	an order varying an order prescribed under subregulation (1); 
	(b)	an order varying the property to which an order prescribed under subregulation (1) relates.
7	Corresponding law orders—Act, dict, def interstate civil forfeiture order
	(1)	Corresponding law orders under the following provisions are prescribed:
	(a)	Criminal Assets Recovery Act 1990 (NSW), section 22;
	(b)	Confiscation Act 1997 (Vic), part 4;
	(c)	Criminal Proceeds Confiscation Act 2002 (Qld), section 58;
	(d)	Criminal Property Confiscation Act 2000 (WA)—
	(i)	section 22 if the order is made otherwise than in relation to a relevant confiscation offence for which a person has been convicted; and 
	(ii)	section 28 if the order is made otherwise than in relation to a relevant confiscation offence for which a person has been convicted;
	(e)	Criminal Property Forfeiture Act 2002 (NT), sections 96 and 97.
	(2)	The following corresponding law orders are also prescribed:
	(a)	an order consenting to the making of an order prescribed under subregulation (1);
	(b)	an order varying an order prescribed under subregulation (1); 
	(c)	an order varying the property to which an order prescribed under subregulation (1) relates.
8	Corresponding law orders—Act, dict, def interstate conviction forfeiture order
	(1)	Corresponding law orders under the following provisions are prescribed:
	(a)	Criminal Assets Recovery Act 1990 (NSW), section 18;
	(b)	Confiscation Act 1997 (Vic), division 3.1;
	(c)	Criminal Proceeds Confiscation Act 2002 (Qld), section 151;
	(d)	Criminal Property Confiscation Act 2000 (WA)—
	(i)	section 22 if the order is made in relation to a relevant confiscation offence for which a person has been convicted; and 
	(ii)	section 28 if the order is made in relation to a relevant confiscation offence for which a person has been convicted;
	(e)	Criminal Assets Confiscation Act 1996 (SA), section 8;
	(f)	Crime (Confiscation of Profits) Act 1993 (Tas), section 16.
	(2)	The following corresponding law orders are also prescribed:
	(a)	an order consenting to the making of an order prescribed under subregulation (1);
	(b)	an order varying an order prescribed under subregulation (1); 
	(c)	an order varying the property to which an order prescribed under subregulation (1) relates.
9	Corresponding law orders—Act, dict, def interstate penalty order
	(1)	Corresponding law orders under the following provisions are prescribed:
	(a)	Confiscation of Proceeds of Crime Act 1989 (NSW), sections 24 and 29;
	(b)	Criminal Assets Recovery Act 1990 (NSW), section 27;
	(c)	Confiscation Act 1997 (Vic), part 8;
	(d)	Criminal Proceeds Confiscation Act 2002 (Qld), sections 78, 184 and 202;
	(e)	Criminal Property Confiscation Act 2000 (WA), sections 12, 16, 17 and 22;
	(f)	Criminal Assets Confiscation Act 1996 (SA), section 9;
	(g)	Crime (Confiscation of Profits) Act 1993 (Tas), section 21;
	(h)	Criminal Property Forfeiture Act 2002 (NT), sections 71, 75, 76 and 81.
	(2)	The following corresponding law orders are also prescribed:
	(a)	an order consenting to the making of an order prescribed under subregulation (1);
	(b)	an order varying an order prescribed under subregulation (1).

Part 3	Miscellaneous
10	Police officer to give DPP notice of proposal to restrain property
	(1)		If a police officer proposes that property should be restrained under the Act, a police officer must give the director of public prosecutions written notice of—
	(a)	the property to which the proposal relates; and
	(b)	the name and address of anyone whom the police officer believes has an interest in the property.
Note	If a form is approved under the Act, s 259 (Approved forms) for a notice, the form must be used.
	(2)	The notice may include any other information the police officer considers appropriate. 
	(3)	A failure by a police officer to comply with this regulation does not invalidate an application for a restraining order under the Act.
11	Other narcotic substances—Act, s 90, def narcotic substance
The substances mentioned in schedule 1 are prescribed.
12	Confiscated assets trust fund—public trustee’s annual management fee—Act, s 132 (1) (d)
The annual fee is 1.1% of the amount paid into the trust fund each financial year.

Schedule 1	Other narcotic substances
    
(see reg 11)

column 1
item	column 2
substance	
1	1.4 Butandiol	
2	2,5-Dimethoxy-4-Methyl Amphetamine	
3	3-Methylfentanyl 	
4	Acetorphine 	
3	3-Methylfentanyl 	
4	Acetorphine 	
5	Alphamethyl	
6	Amphetamine	
7	Benzylmorphine	
8	Cannabis	
9	Cocaine	
10	Codeine 	
11	Dexamphetamine	
12	Diacetylmorphine (Heroin)	
13	Dihydromorphine 	
14	DMA (2,5-Dimethoxyamphetamine)	
15	DOET (2,5-Dimethoxy-4-Ethyl Amphetamine)	
16	Ethylmorphine 	
17	Fentanyl 	
18	Hydroxy Amphetamine 	
19	Ketamine	
20	Lysergide (LSD)	
21	MBDB (N-Methyl-3,4-Methylenedioxyphenyl-2-Butanamine)	
22	MDA (3,4-Methylene Dioxy Amphetamine)	
23	MDMA (Ecstasy) (3,4-Methylene Dioxymethamphetamine)	
24	Methadone 	
25	Methamphetamine	
26	Methaqualone 	
27	Methyl Amphetamine	
28	Morphine 	
29	Nexus (4-Bromo-2,5-Dimethoxyphenethylamine)	
30	Opium	
31	PCP (Phencycladine),(1-(1-Phenylcyclohexyl)Piperadine)	
32	Pethidine	
33	Racemate	

Endnote
Notification
	Notified under the Legislation Act on 14 August 2003.
	(see www.legislation.act.gov.au)

© Australian Capital Territory 2003